Representation of Data Collection
You consent to and agree that The Family Based Agency may collect data and Personal Data, as defined by Section 2 of our Privacy Statement, from you even though we may not be able to offer you any available products or services available for purchase. The Family Based Agency currently only sells products or services in a limited number of states and currently only sells limited insurance products. If you voluntarily provide us with any information about yourself or a third party, you agree that The Family Based Agency reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if The Family Based Agency cannot offer you or a third party products or services for sale at the time you provide us with this information.
When applying for a commercial-automobile insurance policy you represent that you have provided notice to and obtained consents from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions.
Consent To Receive Electronic Copies of Insurance Documents
By signing up for our Services, you consent to receive all insurance documents – including identification cards – in electronic form only to an email address you provide.
As a condition to using certain features of our Services, we automatically create accounts for users. Your email address will be your username. Logins will require a one-time password or access to your email inbox for verification. You may not use an email address which purports to represent or impersonate a person other than yourself. We reserve the right to refuse or cancel registration of any username in our sole discretion. You are responsible for maintaining the confidentiality of your username and password. You further agree to notify us immediately, at Rickyh@familybasedagency.com, if you become aware of any unauthorized use involving your username and password.
Use of Our Services
Our Services, as well as their underlying processes, related content, and generated data, may only be used for your personal, informational, and non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without The Family Based Agency express written consent. Your use of The Family Based Agency Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.
You are responsible for anything you transmit to or through The Family Based Agency Website or through email, short message service, voice calls, Facebook, Twitter, Yotpo Review, or Google Review. You are represent that your transmissions to The Family Based Agency will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities we deem as prohibited at our discretion. These prohibited activities include without limitation:
Criminal activity or tortious activity, including fraud, harassment, spamming, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products or services;
Engaging in any automated use of the system, such as using scripts to send comments, messages, post on forums, or request information;
Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks;
Attempting to impersonate another user;
Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
Using our Services in a manner inconsistent with any and all applicable laws and regulations; and
Using information or scraping information from our Services for any purpose whatsoever.
Monitoring of Services
10.Termination of Your Account or Use of Our Services
The Family Based Agency makes no representations or warranties about the suitability of the content of its Website for any purpose. The Family Based Agency provides all content of its Website on an “as is” and an “as available” bases without any warranty of any kind.
12.List of Carriers & Agents We Currently Use
The Family Based Agency acts as an agent that represents insurance companies to whom it will submit your insurance application and from whom it will procure your insurance coverage. The list of carriers we currently use and that might bind you are: American Alternative Insurance Corporation; Markel Specialty; Builders & Tradesmen’s Insurance Services, Inc.; The Family Based Agency Insurance US Company; and State National Companies Inc. The list of agencies we currently use and that might represent us: The Family Based Agency Insurance.
13.Disclaimers and Limitations on Liability
The Family Based Agency makes no warranty of any kind whatsoever – express or implied – with respect to the contents of its Services. The Family Based Agency HEREBY DISCLAIMS ANY AND ALL implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through our Services. As such, we expressly disclaim all liability for any content, products, or services furnished from such service providers
We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.
The Family Based Agency will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall The Family Based Agency be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the content.
14.Representations and Disclaimers Related to Products or Services
The Family Based Agency makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through The Family Based Agency Services. The Family Based Agency believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, The Family Based Agency does not warrant that its content is accurate, complete, and current. Content that The Family Based Agency provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general description of insurance coverage potentially available. Any particular coverage provided to you by The Family Based Agency or any insurance company or other third party is subject to that party’s terms, conditions, exclusions, and underwriting practices. Any coverage recommendations made by The Family Based Agency are based solely on a defined set of information provided by you and are limited to the products and coverages that The Family Based Agency offers. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. You must submit a complete application to obtain a particular coverage. Issuance of insurance coverage dependent on underwriting approval; availability and coverages may vary by state. You must verify information The Family Based Agency provides through its Services before relying on that information in whole or in part. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account. The insurance policy or other product or service you purchase from entities other than The Family Based Agency forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through The Family Based Agency Services.
Our Service may provide you with offers or quotes with a third party provider of goods or services. However, you agree that we make no guarantee that all users will be provided with such a quote, and that some of these services may only be available to United States residents and corporations or only available in a portion of states.
The Family Based Agency may receive fees or commissions from insurers or other third parties with respect to certain transactions made in connection with our Services. Nevertheless, you acknowledge that we are not responsible for any fee arrangement or the terms of any agreement you may enter into with a provider of a product or service through our Services. You hereby release The Family Based Agency of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged
15.Representations to Us
By using our Services you represent and warrant to us that:
You are authorized to purchase and bind this insurance on behalf of the entity applying for coverage.
You have not had any judgments or liens placed against you in the last three years.
You authorize The Family Based Agency, as well as its agents and representatives, to obtain consumer reports covered under the Fair Credit Reporting Act (“FCRA”) from a credit reporting agency of The Family Based Agency choice. You consent to The Family Based Agency, from time to time, obtaining and reviewing consumer reports in order to assess the insurability, or for any permissible purpose under the FCRA, with respect to you or the company or organization you represent and/or own or operate. You understand that, pursuant to the FCRA, if any adverse action is taken based upon your consumer report, The Family Based Agency will alert you to this fact and send you a summary of your rights.
If any of the above statements are not true, you should not and are not authorized to use our Services.
16.Indemnification and Hold Harmless
By using our Services, you agree to indemnify, defend, and hold harmless The Family Based Agency against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services.
17.Fees and Charges
Access to and use of many aspects of our Services are free. You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method. You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law.
Premium Audit: (a) We will compute all insurance premiums for an insurance policy in accordance with our rules and rates in effect at the time; (b) The premium displayed on our website is a deposit premium for the policy period. We reserve the right to review the details of your business at the end of your policy period. If your business has changed since you applied, we reserve the right to adjust your previous years premium up or down accordingly. This means we may refund you for excess premium paid, or that we may bill you for an increased rate to cover the increased risk of your business if such changes have occurred; and (c) The Named Insured on a policy must keep records of the information we need for premium computation (generally, the information required in an application), and send us copies if requested.
You may choose to use a credit card, debit card, or prepaid card as a Payment Method to pay for charges, fees, and taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such credit or debit card for this purpose. Should you use a credit or debit card without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.
You may edit your Payment Method information by logging in online or calling our customer support. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not log in or call to edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. The Family Based Agency reserves the right to retry payment on your payment device on file until the amount owed is settled or you cancel your The Family Based Agency account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Your premium payment does not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.
You may cancel your policy at any time by logging in online or calling our customer support. If you cancel your policy, we will stop your monthly payments and will not charge your Payment Method.
You will not be charged any interest, finance fee, late payment fee, or other type of finance charge. You agree that if you do not make a scheduled payment when due, we have the right to request cancellation of your insurance policy or policies. To avoid cancellation of your policy or policies, please be sure to make your monthly insurance premium payments on time.
The Family Based Agency and its partner brokerages, risk management, underwriting services, and other consultants may directly or indirectly receive commissions, fees, or interest as compensation for their services or products, or for holding capital. If you have any questions regarding the nature or amount of the compensation paid to The Family Based Agency or its partners, we encourage you to contact us.
Our Services offer a platform that provides you with access to information and third party providers of products and services. We do not endorse or recommend any of these providers, and do not act as an agent with respect to such providers or with respect to you. We do not investigate, guaranty or certify that such providers are appropriately licensed, certified, or otherwise qualified to offer these products and services. You agree that you are solely responsible to investigate these providers, and that you are solely responsible and liable for any products or services they may provide you that may give rise to costs, damages, liabilities, fees, or fines. We suggest that you seek the consult of financial advisers, insurance agents, or other qualified professionals who may be fully aware of your individual circumstances and needs prior to making any financial or insurance purchasing decisions. You agree that you are relying solely on your judgment and that of your advisors in purchasing products or services through our Services or based on information provided by our Services.
19.Intellectual Property Rights
Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. The Family Based Agency makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Services as such rights related to these names, trademarks, or service marks belong to their respective owners.
Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.
20.No Third party Beneficiaries
22.Void Where Prohibited
Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.
23.Our Services Are Not Intended for Minors
Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.
24.Governing Law and Jurisdiction
25.Arbitration Agreement and Waiver of Class Remedies
(a) Arbitration Agreement
The parties understand that, absent this Arbitration Agreement provision, they may otherwise have the right to sue in a court of law, and may have the right to a trial by jury. While arbitration is intended to be more cost-effective, in some instances the cost of litigation may exceed the cost of civil litigation in a court. Moreover, the rules and procedures of arbitration may limit discovery.
(b) Waiver of Class Remedies
The parties agree that any arbitration shall be conducted only in their individual capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.
(c) Exception: Litigation of Small Claims Court Claims
(d) Thirty Day Right to Opt Out
26.No Oral Modification
27.Communications With The Family Based Agency
In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate The Family Based Agency to pay you compensation.
Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.
Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.
32.Notification of Changes
34.Contact The Family Based Agency
Mon-Fri: 10am-5pm EST Sat: By Appointment
States We Operate In: Alabama | Connecticut
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